Farmer Claiming PFAS Pollution From Mine Sent to Arbitration

An Illinois appellate court on Friday ordered a dispute between a farmer and a mining company over alleged water pollution from firefighting foam used to extinguish a fire at a mining operation be settled in arbitration, reversing a lower court decision.

Plaintiff Dennis Clark, a farmer, alleged per- and polyfluoroalkyl substances (PFAS) pollution on his property flowed from the Sugar Camp Energy Mining Complex following a fire in 2021. The mine and Clark previously entered into a waiver and release requiring any litigation to be settled in arbitration. Clark argued in state circuit court, successfully, that the waiver ...